Morel v. State

VandeWalle, Chief Justice.

[¶ 1] Brandon Morel appealed from a district court order denying his application for post-conviction relief in which he asked the district court to vacate a criminal conviction for refusal to submit to a chemical test in 2014. We reverse, concluding Birchfield v. North Dakota , --- U.S. ----, 136 S.Ct. 2160 , 195 L.Ed.2d 560 (2016) applies retroactively to this case.

I

[¶ 2] In August 2014, Morel was arrested and cited for driving under the influence of intoxicating liquor and refusal to submit to a chemical test. Morel moved to dismiss the refusal charge on the basis…